12 Jul 1983
TAI HING COTTON MILL LTD v. LIU CHONG HING BANK LTD AND OTHERS
- Citation
- TAI HING COTTON MILL LTD v. LIU CHONG HING BANK LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA1488/1978
Applying the civil standard of proof the court found the plaintiff proved the majority of alleged forgeries; banks were not prima facie entitled to debit for forged cheques; the plaintiff was not vicariously liable for its dishonest clerk; no contractual or tortious wider or narrower duty existed on the facts to prevent or detect the forgeries beyond duties connected with drawing cheques; bank rules were capable of contractual effect but did not, on proper construction, render monthly statements conclusive as to forgery; however representations by the plaintiff (confirmations or failures to o…